BROWN v. CHAS. H. LILLY CO.

(9503-01381; CA A98898)

985 P.2d 846 (1999)

161 Or. App. 402

Robert BROWN and Shirley Brown, husband and wife, Appellants, v. CHAS. H. LILLY CO., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided July 7, 1999.


Attorney(s) appearing for the Case

Maureen Leonard, Portland, argued the cause for appellants. With her on the briefs was Charles Robinowitz.

Richard Alan Stout Portland, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


LANDAU, P.J.

Plaintiffs, Robert and Shirley Brown, initiated this action for damages for personal injuries suffered as a result of exposure to defendant's herbicide fertilizer product, Weed and Feed. The trial court entered summary judgment dismissing the claims on the ground that they are preempted by federal law. Plaintiffs appeal, arguing that the trial court erred in concluding that their claims are preempted. Defendant argues that the trial court was correct...

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